New law revises rights in nuisance property cases

The home on the corner has grass taller than the fence. It has a ratty couch on the front porch and an old Chevy balancing on blocks in the driveway. It may have boarded up windows and is in a general state of disrepair. The home on the corner annoys neighbors and is bringing down property values along the block.

But what can be done about it?

Springfield City Council on July 27 passed a bill aimed to combat the problem. Council enacted a revised Chapter 74 Nuisance and Housing Code, “holding land owners strictly responsible for nuisance abatement without regard to landlord-tenant relationships.”

“Chronic nuisance problems have held back neighborhoods,” said Phyllis Ferguson, Zone 1 councilwoman who sponsored the bill. “They are an eyesore. They bring down property values and are unsafe, often having crime associated with the property.”

Ferguson said previously, dealing with problems was a nebulous decision, often bouncing  between a property owner and a tenant and leading to little resolution.

“This law brings us in line with the state laws, putting the responsibility on the property owner, whether they be an owner/operator or an absentee owner,” she said.

With thousands of nuisance property calls received each year by the city, Ferguson said it was the No. 1 issue raised by residents during a series of community listening forums.

The revised ordinance takes effect Aug. 25.

Owners’ rights
What rights do tenants, neighbors and property owners have? Bryan Fisher, an associate attorney with Neale & Newman LLP, said it all depends on the situation.

“Owners have the right to evict someone, yes, but that’s not as easy as people think,” Fisher said. “City laws are focused on the owners and fail to address the tenant’s responsibility.

“It’s hard to evict someone who is paying their rent, paying for the right to be there.”

Fisher said if a tenant has a couch on their front porch – under new city ordinance it’s now the owner’s responsibility to mitigate that – the owner can’t simply throw the couch away.

“The owner has no right to dispose of something that doesn’t belong to them,” he said. “I would never advise a client to, say, haul a car off, even though it is a nuisance.”

Fisher said while the city is trying to address the chronic nuisance problem, he believes the focus is too much on the landlord.

“The new law could have the effect of evicting tenants for a minor nuisance,” he said. “Landlords really have very few options unless the tenant agrees. If that person is paying to live there, you can’t evict them just because the neighbors don’t like it.”

Neighbors’ rights
“Neighbors generally don’t have the right to interfere with how a property owner uses the property,” Fisher said. “Missouri law generally protects the rights of the owner.”

Fisher said the facts of the case always matter – say the house is part of a neighborhood subject to restrictive covenants – but in general if an owner wants to paint a house neon orange, they have that right.

Still, neighborhoods have high hopes the ordinance can help chronic problems.

“Neighbors need to understand their responsibility to their neighbors and the common standards of maintenance,” said Jeff Barber, a board member with the Rountree Neighborhood Association. “Chronic problems hold back investment.”

The association recently battled the $6 million student-housing development Cherry Flats, after neighbors say developer Russell Meck let the property deteriorate for 10 years to gain blighted tax incentives.

Barber, who spoke to council in support, said the ordinance is only a first step.  

“This law is a bundle of switches,” he said. “There are two ways to make progress with a stubborn mule, and the switch only lasts for so long. Then you have to dangle the carrot.”

Barber said he hopes to see council tackle a series of incentives and tools to encourage neighborhood cleanup and development.

Tenants’ rights
What rights do renters have if a hole develops in the garage roof and a landlord refuses to fix it?

Fisher said it depends on the nature of the lease agreement.

“A lease is considered a sale for a limited time, rights and responsibilities come with that,” he said. “If you agreed to be responsible for repairs, then you may have to fix that hole yourself.”

The steps a tenant can take usually include withholding rent and suing a landlord. However, withholding rent doesn’t mean the tenant is off the hook throughout the legal process. Instead, that rent will likely be paid into the court until a judge decides. A tenant cannot just withhold rent and squat in the property.

Both Fisher and Councilwoman Ferguson said they hope to see the nuisance billed reviewed in a years time to evaluate progress and tighten up language.

“Hopefully, this will let people know the city is serious,” she said. “I suspect we might see a fire sale of sorts on nuisance properties, owners who don’t want to put in the effort.

“I’d like to see some sweat equity invested in those to create safe and clean neighborhoods.”